Karam Veer v. Municipal Corporation Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ KARAM VEER .....Petitioner Through:

Mr. Lakshay Saini, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Mr. G.S. Oberoi, SC for MCD.

Mr. Farman Ali, SPC with Ms.

Usha Jamnal and Ms. Harshita Chaturvedi, Advocates.

Ms. Ritu Lavania, Advocate for R 5.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 19.11.2024 1.

The petitioner has filed this writ petition, under Article 226 of the Constitution, for action against the alleged illegal construction at the property bearing House No. 1162, Gali No. 47, Molarband Extension, Badarpur, New Delhi-110044 ["subject property"]. 2.

Mr.

G.S.

Oberoi, learned Standing Counsel for Municipal Corporation of Delhi ["MCD"], has filed a status report dated 11.09.2024. It is stated that the demolition proceedings have been initiated, in respect of the subject property, by issuance of a show cause notice dated 06.09.2024 to the owners/occupants. It is also stated that sealing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings were being initiated with regard to the misuse of the ground floor of the subject property.

3.

Mr. Oberoi states that, after the aforesaid status report was filed, the demolition order has been passed on 25.09.2024, and further action will be taken by MCD in accordance with law.

4.

In view of the above submissions, Mr. Lakshay Saini, learned counsel for the petitioner, does not seek any further orders in this writ petition, which stands disposed of.

5.

The rights and contentions of owners/occupants of the subject property are reserved. MCD is directed to take action strictly in accordance with law, and after complying with all statutory requirements and bearing in mind the Supreme Court judgment dated 13.11.2024 in In Re: Directions in the matter of demolition of structures [WP (C) 295/2022 and connected matters].

6.

In the event the petitioner has any further grievance with regard to unauthorised construction, he is at liberty to approach the Special Task Force ["STF"], constituted by the Supreme Court vide orders dated 24.04.2018 and 18.07.2018 in W.P.(C) 4677/1985 [M.C. Mehta vs Union of India & Ors.]. This direction is made with reference to the decisions of the Division Bench in Devender vs. Govt. of NCT of Delhi and Ors [order dated 20.09.2018 in W.P.(C) 1807/2018], Sneh Lata & Anr. vs. North Delhi Municipal Corporation & Anr. [order dated 08.04.2019 in LPA 245/2019], Fazruddin vs. DDA & Ors. [order dated 23.04.2019 in WP (C) 4649/2017], and in Himanshu vs. East Delhi Municipal Corporation & Anr. [order dated 31.07.2023 in W.P.(C) 8104/2022], and decisions of Coordinate Benches in Abdul Gaffar vs South Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Municipal Corporation & Ors. [order dated 28.02.2019 in W.P.(C) 1773/2019] and Rashiduddin Malik vs. MCD & Ors. [order dated 02.09.2024 in WP (C) 12102/2024].

PRATEEK JALAN, J NOVEMBER 19, 2024/MR/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.